Transcript
July 2014 ALSP Law Series
Name Change (for Minor) Overview Any adult who wants to change his or her name can file the legal form with the court in the county where they live. This is generally done without many questions from the judge. Keep in mind that you may have to go to court. Asking the court to change a name for a minor can be more complex. This is because other people may not want the child's name to be changed. For this reason, if you are changing a child's name or if you are a minor, you should talk to an attorney to make sure that you do everything correctly.
Getting Started
The ALSP Law Series is produced by the Arkansas Legal Services Partnership, a collaboration of the Center for Arkansas Legal Services and Legal Aid of Arkansas, Inc. These nonprofit organizations provide free legal services to eligible Arkansans who meet income, asset, and other guidelines. Legal services may include advice and counsel, brief services, or full representation depending on the situation. Additional information can be found at: www.arlegalservices.org. To apply for services, call 1-800-9LAW AID. The information and statements of law in this fact sheet should not be considered legal advice. This fact sheet is provided as a broad guide to help you understand how certain legal matters are handled in general. Courts may interpret the law differently. Before you take action, talk to an attorney and follow his or her advice. Always do what the court tells you to do. www.arlegalservices.org
You will need to get written and notarized consent from the other parent to change the child's name. Even if you do not know where the other parent lives, you have to make every effort to let them know that you are filing for a name change for the child. You can learn more about service by visiting www.arlegalservices.org/service. Changing the child's name does not affect paternity. It also does not change any legal responsibilities of the mother or the father. For example, a parent who is paying child support must continue paying child support. You should think about changing your child's name. It is a big decision. You will have to give your reasons for wanting to change the child's name. You may also want to think about how the name change will affect your life and the lives of your family members.
Sample Forms The next few pages contain a sample Petition and Order for changing a child's name. For more information about Arkansas law or the Arkansas court system, visit CourtHelp at www.arlegalservices.org/courthelp.
A collaboration of Center for Arkansas Legal Services & Legal Aid of Arkansas 1-800-9-LAW AID or www.arlegalservices.org
IN THE CIRCUIT COURT OF CHOOSE COUNTY COUNTY, ARKANSAS _________________________ DIVISION NAME OF PERSON FILING, As guardian and next friend of MINOR'S CURRENT NAME, a minor
PETITIONER CASE NO. _______________
PETITION FOR NAME CHANGE COMES NOW the Petitioner, NAME OF PERSON FILING, as guardian and next friend of MINOR'S CURRENT NAME, a minor, who in support of HIS/HER Petition for Name Change, states the following: 1. MINOR'S CURRENT NAME, is under the age of eighteen (18) years, and resides in CHOOSE COUNTY County, Arkansas. 2. Petitioner is the minor’s RELATION TO MINOR and legal guardian of HIM/HER. 3. The minor’s name is currently MINOR'S CURRENT NAME. 4. The minor’s name should be changed to MINOR'S NEW NAME because STATE REASONS FOR CHANGING MINOR'S NAME. 5. The minor’s MOTHER, FATHER OR PARENTS have consented to the name change. 6. The Petitioner does not seek the name change for fraudulent purposes. WHEREFORE, Petitioner prays that the Court enter an order changing the minor’s name to MINOR'S NEW NAME and further order the Arkansas Department of Health to issue a new birth certificate for the minor, with the birth name changed from MINOR'S CURRENT NAME to MINOR'S NEW NAME, and for all other just and proper relief. Respectfully submitted, NAME OF PERSON FILING, as Guardian and Next Friend of MINOR'S CURRENT NAME _____________________________ Signature Address: Phone:
STREET ADDRESS CITY, STATE ZIP PHONE NUMBER
IN THE CIRCUIT COURT OF CHOOSE COUNTY COUNTY, ARKANSAS _________________________ DIVISION NAME OF PERSON FILING, As guardian and next friend of MINOR'S CURRENT NAME, a minor
PETITIONER CASE NO. _______________
ORDER FOR CHANGE OF NAME On this date, comes before the Court the Petition for Change of Name presented by NAME OF PERSON FILING, as guardian and next friend of the minor, MINOR'S CURRENT NAME. The Petitioner appearing, pro se. No other parties appearing in this action. From the petition filed herein and other proof before it, being well and sufficiently advised in the premises, the Court, FINDS and ORDERS: 1. The Court has jurisdiction over the parties and subject matter, and venue is proper 2. The minor’s MOTHER, FATHER OR PARENTS HAS/HAVE consented to these proceedings, said consent(s) having been filed of record. 3. The Petitioner has shown reasonable cause for changing the minor child’s name from MINOR'S CURRENT NAME to MINOR'S NEW NAME. IT IS THEREFORE ORDERED that the name of the minor child be changed from MINOR'S CURRENT NAME to MINOR'S NEW NAME and that the child shall hereinafter be known as MINOR'S NEW NAME. IT IS FURTHER ORDERED that HE/SHE shall sue and be sued, plead and be impleaded, by the name MINOR'S NEW NAME. IT IS FURTHER ORDERED that the Arkansas Department of Health Division of Vital Records issue a new birth certificate showing the child’s name as MINOR'S NEW NAME.
___________________________________ CIRCUIT JUDGE Date:_______________________________
IN THE CIRCUIT COURT OF CHOOSE COUNTY COUNTY, ARKANSAS _________________________ DIVISION NAME OF PERSON FILING, As guardian and next friend of MINOR'S CURRENT NAME, a minor
PETITIONER CASE NO. _______________
WAIVER OF NOTICE, ENTRY OF APPEARANCE AND CONSENT TO NAME CHANGE I, NAME OF MOTHER/FATHER, having been duly sworn, state that I am the natural MOTHER OR FATHER of MINOR'S CURRENT NAME. I hereby expressly and specifically consent that said child’s name may be changed from MINOR'S CURRENT NAME to MINOR'S NEW NAME. I hereby waive service of summons and any and all notice that may by law be required to be given me, and I hereby enter my appearance generally and for all purposes in the name change proceedings commenced or to be commenced by NAME OF PERSON FILING, legal guardian of said minor, in the Circuit Court of COUNTY County, Arkansas, in the above-styled proceeding. I further hereby consent that an Order of Name Change may be entered by said court upon the petition of NAME OF PERSON FILING, without further notice to me. I acknowledge that at the time of signing this pleading I am of sound mind, am under no undue influence, and have attained the age of majority.
VERIFICATION STATE OF ________________________ COUNTY OF ______________________
) )ss )
I, NAME OF MOTHER/FATHER, being duly sworn, do hereby affirm that the facts contained in the foregoing statement are true and correct to the best of my knowledge and belief. _________________________________ NAME OF MOTHER/FATHER Subscribed and sworn to before me this ______ day of __________________, 20___. _________________________________ Notary Public My Commission Expires: (SEAL)
